IPR WG
Internet-Draft V. See (editor)
Document: draft-ietf-ipr-template-09.txt Microsoft
Expires: October 28, 2004 April 2004
A Template for IETF Patent Disclosures and Licensing Declarations
Status of this Memo
By submitting this Internet-Draft, I certify that any applicable
patent or other IPR claims of which I am aware have been disclosed,
and any of which I become aware will be disclosed, in accordance with
RFC 3668.
Internet-Drafts are working documents of the Internet Engineering
Task Force (IETF), its areas, and its working groups. Note that
other groups may also distribute working documents as Internet-
Drafts.
Internet-Drafts are draft documents valid for a maximum of six months
and may be updated, replaced, or obsoleted by other documents at any
time. It is inappropriate to use Internet-Drafts as reference
material or to cite them other than as "work in progress."
The list of current Internet-Drafts can be accessed at
http://www.ietf.org/ietf/1id-abstracts.txt
The list of Internet-Draft Shadow Directories can be accessed at
http://www.ietf.org/shadow.html.
This Internet-Draft will expire on October 2, 2004
Copyright Notice
Copyright (C) The Internet Society 2004. All Rights Reserved.
Abstract
This document describes a proposal for one form of a template for
IETF patent disclosures and licensing declarations. The optional use
of this template is meant to simplify the process of such disclosures
and licensing declarations and to assist disclosers in providing the
necessary information to meet the obligations documented in RFC 3668.
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Patent Disclosure and Licensing Declaration Template April 28, 2004
Table of Contents
1. Introduction...................................................22. The Patent Disclosure and Licensing Declaration Template.......23. Commentary on Terms Used in the Template.......................6
Security Considerations...........................................7
Normative References..............................................7
Acknowledgments...................................................8
Authors' Addresses................................................8
Intellectual Property Statement...................................8
Disclaimer of Validity............................................9
Copyright Statement...............................................91. IntroductionRFC 3668 [i] documents the current IETF policies and obligations with
respect to disclosure of patents and patent applications. It also
documents the information requested in licensing declarations for
IETF specifications. In the interest of making these patent
disclosure and licensing declaration processes simpler, this document
proposes a patent disclosure and licensing declaration template that
may be optionally used as one method for IETF participants and patent
holders to comply with patent disclosure requirements and licensing
declaration provisions under RFC 3668. This proposal also may be
optionally used as a model by the IETF Secretariat for Web-based
disclosure and licensing declaration tools; however, the intent of
this document is informational and is not meant to suggest that this
is the only method that could be used by IETF participants for
disclosure of patents or for licensing declarations. For the latest
information on how to submit a patent disclosure or licensing
declaration, please see http://www.ietf.org/ipr-instructions.
2. The Patent Disclosure and Licensing Declaration Template
START OF TEMPLATE
This document is an IETF Patent Disclosure and Licensing Declaration
Template and is submitted to inform the IETF of a) patent information
regarding the IETF document or contribution listed in Section IV, and
b) a Patent Holder's intention with respect to the licensing of its
necessary patent claims. No actual license is implied by submission
of this template. Please complete and submit a separate template for
each IETF document or contribution to which the disclosed patent
information relates.
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Patent Disclosure and Licensing Declaration Template April 28, 2004
V. Disclosure of Patent Information (i.e., patents or patent
applications required to be disclosed by Section 6 of RFC 3668)
A. For granted patents or published pending patent applications,
please provide the following information:
Patent, Serial, Publication, Registration, or Application/File
number(s):
Date(s) granted or applied for (YYYY-MM-DD):
Country(ies):
B. Does your disclosure relate to an unpublished pending patent
application?
Select one: Yes ______ No ______
C. If an Internet-Draft or RFC includes multiple parts and it is not
reasonably apparent which part of such Internet-Draft or RFC is
alleged to be covered by the patent information disclosed in Section
V(A) or V(B), it is helpful if the discloser identifies here the
sections of the Internet-Draft or RFC that are alleged to be so
covered.
VI. Licensing Declaration
The Patent Holder states that its position with respect to licensing
any patent claims contained in the patent(s) or patent application(s)
disclosed above that would necessarily be infringed by implementation
of the technology required by the relevant IETF specification
("Necessary Patent Claims"), for the purpose of implementing such
specification, is as follows (select one licensing declaration option
only):
a) ___ No License Required for Implementers
Check here if commitment to forgo a license is limited
solely to standards-track RFCs ___
b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to
All Implementers
Check here if this commitment to license is limited solely
to standards-track RFCs ___
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Patent Disclosure and Licensing Declaration Template April 28, 2004
c) ___ Reasonable and Non-Discriminatory License to All
Implementers with Possible Royalty/Fee
Check here if this commitment to license is limited solely
to standards-track RFCs ___
d) ___ Licensing Declaration to be Provided Later (implies a
willingness to commit to the provisions of a), b), or c)
above; otherwise, the next option - "Unwilling to Commit to
the Provisions of a), b), or c) Above" - must be selected)
e) ___ Unwilling to Commit to the Provisions of a), b), or c)
Above
NOTE: The individual submitting this template represents and warrants
that he or she is authorized by the Patent Holder to agree to the
above-selected licensing declaration.
VII. Contact Information of Submitter of this Form (if different from
IETF Participant in Section III above)
Name:
Title:
Department:
Address:
Telephone:
Fax:
Email:
VIII. Other Notes:
END OF TEMPLATE
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Patent Disclosure and Licensing Declaration Template April 28, 20043. Commentary on Terms Used in the Template
Section III requests contact information for the Patent Holder's IETF
participant whose personal belief that necessary patent claims are
implicated by an IETF document or contribution caused this template
to be filed. This is an optional section. However, if Section III is
not completed, then Section VII must be completed. Even if Section
III is completed, Section VII must still be completed if the
submitter of this template is different from the IETF participant
identified in Section III.
The "Other Designations" field in Section IV may be used to identify
an IETF contribution (oral or written) other than an Internet-Draft
or RFC to which a disclosure is related.
Here is an explanation of the licensing declaration options in
Section VI of the template:
a) No License Required for Implementers: The Patent Holder does not
require parties to acquire any license to its Necessary Patent Claims
in order to make, have made, use, import, offer to sell, sell, or
distribute technology that implements such IETF specification.
b) Royalty-Free, Reasonable and Non-Discriminatory License to All
Implementers: The Patent Holder is willing, upon request, to grant a
license to its Necessary Patent Claims to all persons on a royalty-
free basis (i.e., no royalty or other fee) and under other reasonable
and non-discriminatory terms and conditions, to make, have made, use,
import, offer to sell, sell, and distribute technology that
implements such IETF specification.
c) Reasonable and Non-Discriminatory License to All Implementers with
Possible Royalty/Fee: The Patent Holder is willing, upon request, to
grant a license to its Necessary Patent Claims to all persons under
reasonable and non-discriminatory terms and conditions (which may
include a royalty/fee), to make, have made, use, import, offer to
sell, sell, and distribute technology that implements such IETF
specification.
d) Licensing Declaration to be Provided Later: The Patent Holder is
willing to commit to the provisions of a), b), or c) above, but wants
to defer its specific selection of one of these licensing declaration
options until a later point in time (or when asked for this
information by the IESG). This option may not be selected if the
Patent Holder is unwilling to commit to the provisions of a), b), or
c) above. In that case, the Patent Holder must select licensing
declaration option e) - "Unwilling to Commit to the Provisions of a),
b), or c) Above."
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Patent Disclosure and Licensing Declaration Template April 28, 2004
e) Unwilling to Commit to the Provisions of a), b), or c) Above: The
Patent Holder indicates an unwillingness to commit to the provisions
of any of options a), b), or c) described above.
Options a), b), and c) above also allow the Patent Holder to indicate
(with a check) whether its licensing declaration is limited solely to
standards-track RFCs. If left unchecked, the Patent Holder's
licensing declaration will be deemed to apply to any implementation
of the relevant IETF specification, including non-standards-track
documents and Internet-Drafts. However, the Patent Holder may list
other conditions or restrictions on its commitment to forego a
license (option a)) or on its commitment to license (options b) and
c)) in Section VIII - "Other Notes." This standards-track qualifier
is not relevant to licensing declaration options d) and e), because
under d) the Patent Holder has not yet indicated its specific
licensing intention and under e) the Patent Holder has indicated a
general refusal to commit to the provisions of any of options a), b),
or c) above.
Section VIII in the template, "Other Notes," may be used for any
additional information a discloser or Patent Holder wishes to
provide. For example, a Patent Holder may use the "Other Notes"
Section to indicate any other conditions or restrictions on the
licensing declaration option selected in Section VI (e.g., 1)
reciprocity, or 2) that a license will only be made available for
implementations of any RFC (standards-track or non-standards-track),
but not for implementations of Internet-Drafts or other documents).
Security Considerations
This document relates to IETF process, not any particular technology.
There are security considerations when adopting any particular
technology, regardless of whether patent or patent application
disclosures or licensing declarations are implicated by such
technology. A working group should take those security considerations
into account as one part of evaluating the technology, but there are
no security considerations per se with these IETF processes.
Normative References
i Bradner, S., "Intellectual Property Rights in IETF Technology,"
RFC 3668, February 2004.
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Patent Disclosure and Licensing Declaration Template April 28, 2004
Acknowledgments
The authors acknowledge the thoughtful contributions of Harald
Alvestrand and Scott Bradner to this document.
Authors' Addresses
Valerie See
Microsoft Corporation
One Microsoft Way, Redmond, WA 98052 USA
Email: vsee@microsoft.com
Robert Barr
Cisco Systems, Inc.
170 West Tasman Drive, San Jose, CA 95134 USA
Email: rbarr@cisco.com
Scott Brim
Cisco Systems, Inc.
146 Honess Lane, Ithaca, NY 14850 USA
Email: sbrim@cisco.com
Paul Gleichauf
Cisco Systems, Inc.
170 West Tasman Drive, San Jose, CA 95134 USA
Email: phg@cisco.com
Allen Lo
Juniper Networks
1194 North Mathilda Ave., Sunnyvale, CA 94089 USA
Email: alo@juniper.net
Intellectual Property Statement
The IETF takes no position regarding the validity or scope of any
intellectual property or other rights that might be claimed to
pertain to the implementation or use of the technology described in
this document or the extent to which any license under such rights
might or might not be available; neither does it represent that it
has made any effort to identify any such rights. Information on the
IETF's procedures with respect to rights in IETF Documents can be
found in BCP 78 and 79.
Copies of IPR disclosures made to the IETF Secretariat and any
assurances of licenses to be made available, or the result of an
attempt made to obtain a general license or permission for the use of
such proprietary rights by implementers or users of this
specification can be obtained from the IETF on-line IPR repository at
http://www.ietf.org/ipr.
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Patent Disclosure and Licensing Declaration Template April 28, 2004
The IETF invites any interested party to bring to its attention any
copyrights, patents or patent applications, or other proprietary
rights which may cover technology that may be required to implement
this standard. Please address the information to the IETF at ietf-
ipr.org.
Disclaimer of Validity
This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Copyright Statement
Copyright (C) The Internet Society (2004). This document is subject
to the rights, licenses and restrictions contained in BCP 78, and
except as set forth therein, the authors retain all their rights.
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